05/03/2013

"The Party's Over" For Michigan Supreme Court?

For Michigan Supreme Court watchers, yesterday's prevailing theme
turned out to be the role of partisan politics on the Court. The whole
Court, a number of former justices, and scores of supporters of the
Michigan Supreme Court Historical Society turned out to celebrate the
25th anniversary of the Society at a luncheon at which they heard former
justice Thomas Brennan and Cooley Law School founder deliver remarks
entitled "The Party's Over." He told the Society leaders that he kept
the title and the contents of his remarks under wraps, sharing them only
with his wife Polly. The message, in a nutshell, turned out to be "dump
the partisan nomination of Supreme Court justices," a view in line with
recommendation of the Judicial Selection Task Force, a nonpartisan
group headed by former chief justice Marilyn Kelly and former justice
and 6th circuit federal judge James Ryan, who were both in attendance.

Coincidentally, the Court yesterday issued two high-profile decisions
on issues with strong partisan overtones. In both cases the decisions
were unanimous. In Attorney General v. Civil Service (SC
Docket No. 146616), the Court declined to hear the Attorney
General's challenge to health care benefits for unrelated adults
living with state workers covered by civil service. In Hammel v Speaker (SC
docket No. 145916), the Court rejected the former House
Democratic leader's challenge to the way in which the House majority
decided immediate effect votes in the House.

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"The Party's Over" For Michigan Supreme Court?

For Michigan Supreme Court watchers, yesterday's prevailing theme
turned out to be the role of partisan politics on the Court. The whole
Court, a number of former justices, and scores of supporters of the
Michigan Supreme Court Historical Society turned out to celebrate the
25th anniversary of the Society at a luncheon at which they heard former
justice Thomas Brennan and Cooley Law School founder deliver remarks
entitled "The Party's Over." He told the Society leaders that he kept
the title and the contents of his remarks under wraps, sharing them only
with his wife Polly. The message, in a nutshell, turned out to be "dump
the partisan nomination of Supreme Court justices," a view in line with
recommendation of the Judicial Selection Task Force, a nonpartisan
group headed by former chief justice Marilyn Kelly and former justice
and 6th circuit federal judge James Ryan, who were both in attendance.

Coincidentally, the Court yesterday issued two high-profile decisions
on issues with strong partisan overtones. In both cases the decisions
were unanimous. In Attorney General v. Civil Service (SC
Docket No. 146616), the Court declined to hear the Attorney
General's challenge to health care benefits for unrelated adults
living with state workers covered by civil service. In Hammel v Speaker (SC
docket No. 145916), the Court rejected the former House
Democratic leader's challenge to the way in which the House majority
decided immediate effect votes in the House.